December 27, 2012

Now, as we saw last night, what Justice Sotomayor did was deny an emergency injunction. That would have required a finding that "the legal rights at issue are indisputably clear," which clearly, they are not. And her opinion never mentions "morning-after" pills, only contraception, generally. (The challenged HRSA’s guidelines refer to "all Food and Drug Administration . . . approved contraceptive methods.")

With that rather strange photograph and the reference to "morning-after," I've got to infer that Drudge intended sexual humor aimed at the Justice. I think the photograph was chosen for the "bedroom hair" and the groggy eyes. Or do you focus on the hand? Does it seem to be tossing pills at us?

Employment Division v. Smith is a perfect example of "conservative" Justices negating rights and making them disappear. Scalia's opinion eviscerates the free exercise clause, so that it has no meaning other than an adjunct to the free speech clause. In other words, to Justice Scalia, religious exercise is just more human speech.

Now they call you Prince Charming Can't speak a word when you're full of 'ludesSay you'll be all right come tomorrowBut tomorrow might not be here for you Ooooh that smell Can't you smell that smell Ooooh that smell The smell of death surrounds you

I've got to infer that Drudge intended sexual humor aimed at the Justice. I think the photograph was chosen for the "bedroom hair" and the groggy eyes. Or do you focus on the hand? Does it seem to be tossing pills at us?

??? Or maybe a picture is just a picture. She looks like that in every picture I've seen of her.I think Drudge has you psyched-out to look for inferences even when there are none.

"The question raised in Oregon v. Smith, where adherents of a Native American religious group argued they should be allowed to use peyote in religious services while everyone else is banned from using peyote."

"Smith": I should be able to get stoned, so long as I can find a religion that makes that a 'sacrament'."

Scalia: No dice.

If Smith had gone the other way, you would have seen the complete end of the drug war, laws against prostitution, and anything else that could somehow be classified as "religious devotion" (hey, can we bring back human sacrifice? Why should your neutrally applied law against murder prevent me from offering this homeless guy's heart to my Aztec God?).

Now, I'd like to see the end of the drug war, and I think that laws against prostitution are stupid (laws against pimping are a good idea. Prostitution? If it's "your body, your choice", I don't see how you justify banning that). But those are decision that need to come from the political process, not a 5-4 Supreme Court ruling.

Going from there to saying "the Federal Government gets to force Catholics to buy contraceptives" is a rather large leap.

Lemme use your toothbrush. Have you got a clean shirt?My panties in a wad at the bottom of my purse.I walk into the street, the air's so cool.I'm wired and I'm tired and I'm grinnin' like a fool.

I've been on a floor lookin' for a chair.I've been on a chair lookin' for a couch.I've been on a couch lookin' for a bed, lookin' for a bed,lookin' for my, my, my right hand, my right hand man.My right hand, my right hand man;my right hand, my right hand man;my right hand, my right hand man;Said my right hand, my right hand man.My right hand, my right hand man;my right hand, my right hand man;If he can't fix it, I don't know who can.

The sensamilla salesman, the cops on the block,they know what I been doin'. They see the way I walk.I wonder what they'd say now. I wonder what they'd do.To feel somebody want them the way I'm wantin' you.

I've been on a floor lookin' for a chair.I've been on a chair lookin' for a couch.I've been on a couch lookin' for a bed, lookin' for a bed,could you really be, my right hand, my right hand man.My right hand, my right hand man;my right hand, my right hand man;my right hand, my right hand man;Said my right hand, my right hand man.My right hand, my right hand man;my right hand, my right hand man;Use me up if you think you can.

Oh, I've been on a floor lookin' for a chair.I've been on a chair lookin' for a couch.I've been on a couch lookin' for a bed, lookin' for a bed,lookin' for my, my, my right hand, my right hand man.My right hand, my right hand man;my right hand, my right hand man;my right hand, my right hand man;Said my right hand, my right hand man.My right hand, my right hand man;my right hand, my right hand man;If he can't fix it, I don't know who can.

Oh, said, my right hand, my right hand man;my right hand, my right hand man.Said, my right hand, my right hand man;my right hand, my right hand man.My right hand, my right hand man;my right hand, my right hand man.Said, my right hand, my right hand man;my right hand, my right hand man.

"Scalia's opinion eviscerates the free exercise clause, so that it has no meaning other than an adjunct to the free speech clause. In other words, to Justice Scalia, religious exercise is just more human speech."

No. It also has a nondiscrimination principle. If the rule governing conduct is not neutral and generally applicable, then strict scrutiny applies.

Neutrality only makes sense in the active cases where the Government must permit all to act according to their religion by applying a religion neutral rule that favors no one. Here the Government has a applied the same rule to all but it is anything but neutral in effect as it expressly makes illegal Catholic Charity. The same rule for everyone, but hardly neutral. Imagine that the government required Kosher Deli's to carry ham, if they applied that law to all restaurants it's be "neutral" in the same sense the HHS mandate is neutral here. Or imagine the government outlawed circumcision (like SF tried to). It would be neutral in the same sense as the HHS rule - it applies to all but only harms a religious minority.

The government isn't requiring Hobby Lobby to do a damn thing. The government has put the onus on the insurance providers to ask the employee if contraception is something they want in their plan and then if the employee chooses in the affirmative, the insurance company must provide it for free. Of course, no one is privy to this information, especially the employer. So, to suggest that this is somehow an infringement on HobbyJesus'Lobby and their oh so delicate religious rights is absurd in the manner of avante garde theater.

" Of course, no one is privy to this information, especially the employer."

Hard to believe how the costs are not known by the employer, especially self-insured employers.

Your already employer (at least HR) knows everything, as it is. The only answer is to pay up yourselves for your own family planning. If it gets billed, even at no cost to use, the billing codes are there and represent what you are taking and what you are doing in the doctor's office.

No. It also has a nondiscrimination principle. If the rule governing conduct is not neutral and generally applicable, then strict scrutiny applies.

That's true, but that same analysis applies in free speech cases.

For instance, it would be illegal under the free speech clause to make it illegal for Republicans to drive cars. That's conduct, but since you're singling out Republicans, you are punishing their speech.

Substitute "Baptists" for "Republicans" and you see the problem. Religion becomes just more human speech, no different from any other human speech. We might as well not have a free exercise clause at all.

The Lyng case is a perfect example of a Court that has destroyed our free exercise clause.